Combined Synopsis-RFQ No. W81K00-24-Q-0037.pdf

Combined Synopsis/Solicitation W81K00-24-Q-0037

Combined Synopsis Solicitation IAW FAR Subpart 12.6

Chemistry and Immunoassay Reagent Testing Supplies in support of Raymond W. Bliss Army Health Center (RWBAHC), at Fort Huachuca, Arizona

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

1. The solicitation number W81K00-24-Q-0037 and is issued as a Request for Quotation (RFQ).

2. The solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 202301222.

3. This acquisition is conducted as Unrestricted Full and Open Competitive. The North American Industrial Classification System (NAICS) Code that best fits this requirement is– 325413, In-Vitro Diagnostic Substance Manufacturing. The NAICS code selected best fits FSC 6550 – In-Vitro Diagnostic Substances, Reagents, Test Kits, and Sets. Small Business Size Standard: 1,250 employees.

4. The Government intends to make award, purchase order, based on the initial quote submissions without conducting discussions (except communications conducted for the purpose of minor clarification). Therefore, each offer should contain the offeror’s best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

Therefore, each quote should contain the quoter’s best terms from a technical and price standpoint.

5. See the attached solicitation Schedule of Supplies/Services (Reference Atch 3) for applicable contract line items (CLINS), quantities and units of measures.

6. Supplies: Raymond W. Bliss Army Health Center, Fort Huachuca, AZ requires a supply contract to provide Chemistry and Immunoassay Reagents (including equipment, maintenance, and support at no extra cost to the Government) in support of Raymond W. Bliss Army Health Center (RWBAHC), Fort Huachuca, Arizona, as defined IAW Statement of Work (SOW). This supply requirement ordering period is for one (1) base year plus four

(4) option years. The base ordering period of 12 months is from 01 October 2024 - 30 September 2025, plus four (4) twelve-month option periods (01 October 2025 – 30 September 2029).

7. The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition.

ADDENDUM TO FAR 52.212-1 QUOTATION PREPARATION INSTRUCTIONS

(a) To assure timely and equitable evaluation of quotations, quoters must follow the instructions contained herein.

Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale.

(b) Submission of quotes. Submit quotes, to include all fill-in clauses to the office specified in this solicitation at or before the exact time specified in this solicitation.

(c) Address any questions, clarifications or concerns you may have via email to: J. Chris Finkenstadt at john.c.finkenstadt2.civ@health.mil and Mr. Albert Lee at albert.a.lee.civ@health.mil .

(d) Exceptions taken to terms and conditions of the RFQ, to any of its attachments, or to other parts of the RFQ shall be identified. Provide rational in support of the exception and fully explain its impact, if any, on the performance, mailto:john.c.finkenstadt2.civ@health.mil mailto:albert.a.lee.civ@health.mil schedule, cost and specific requirements of the RFQ. Failure to comply with the terms and conditions of the RFQ may result in the quoter being removed from consideration for award.

Quoter(s) is(are) required to include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, with their quote. A quoter shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certifications electronically via http://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, the contractor shall complete only paragraphs (c) through (o) of this provision.

The Government will award a single contract resulting from this RFQ to the responsible quoter whose supplies are technically acceptable and quotes the lowest overall price.

Offerors shall submit their quotes in separate volumes consisting of Volumes I - IV. Volume I –Administrative, Volume II – Technical Capability, Volume III –Price and Volume IV – Subcontracting Plan. No pricing data shall be included in Volume I, II. and IV. Each subfactor under Volume II shall be separately tabbed and addressed in sufficient detail so that the government may evaluate each subfactor independently. Instructions to complete each volume are provided below. Page limitations are as follows:

VOLUME TITLE NUMBER OF DIGITAL &

ELECTRONIC COPIES

PAGE

LIMIT

I ADMINISTRATIVE 1 EACH-MS WORD or PDF N/A

II TECHNICAL CAPABILITY 1 EACH-MS WORD or PDF (Includes subfactors)

III PRICE FILL-IN SCHEDULE OF

SUPPLIES (REFERENCE

ATCH 3)

N/A

IV SUBCONTRACTING PLAN 1 EACH-MS WORD or PDF 10

The quote shall not exceed the limits stated at the table above. If the page limits are exceeded, the pages in excess of the limit shall be removed and unread. The Government will not accept any changes to the offeror’s Quote after the closing date of the solicitation.

Page limit includes all appendices, charts, graphs, diagrams, tables, photographs, or drawings. Page limit does not include covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reading in locating parts/sections. Pages will be counted if they contain any other information, i.e., diagrams or extraneous data. Pages marked “this page intentionally left blank” will not be counts.

What counts as a Page. A page shall be an 8 ½ x 11 sheet of paper. Letter size and spacing requirements for illustrations and tables can be at the discretion of the offeror but must be easily readable. Margins shall be at least 1 inch on the top and bottom and ¾ inch on the side. The offeror shall number each page in order to eliminate any confusion. In the event an offeror creates an ambiguity in their numbering of pages, the Government may exercise its own discretion in counting pages.

Volume I - Administrative

Administrative: Within the Administrative volume, offerors shall ensure that the offeror's name, address, and telephone number are completed in their entirety. Offerors shall also acknowledge each amendment by completing each SF 30, Blocks 8 and 15A - C, if any are issued. The Quote shall also have a title page identifying the Offeror;

offeror's CAGE code and Unique Entity Identifier (UEI) number; the full address, and phone numbers of the Offeror; points of contact (POCs) authorized to communicate with the Government on the offeror's behalf; the solicitation number; a statement confirming the Offeror is willing to hold its prices firm for at least 120 days from the date specified for receipt of offers; and the Quote contents (which may be included on a second page, if necessary).

Volume II - Technical Capability

Factor 1 - Technical Capability:

The technical quote shall address each of the subfactors in sufficient written detail for the Government to determine if the Offeror understands the technical aspects of the Government’s requirement. Offerors shall demonstrate how their proposed items comply with the Government’s Statement of Work via the submission of a written capability statement, product literature, or other materials.

Subfactor 1A: Statement of Work (SOW Ref Attachment 4).

Subfactor 1B: Performance Requirement Summary (SOW Paragraph 9).

Volume III – Price

Factor 2 – Price:

Offerors shall submit proposed pricing for all contract line-item numbers identified in the Schedule of Supplies/Services (Reference Atch 3), not to exceed the hundredths place/two decimal points for pricing.

Include the price per unit of measure, and total extended price for each contract line-item number.

Ordering Period. The Government will evaluate offers for award purposes by adding the total price for each ordering period to the total price for the basic requirement. The Government may determine that an offer is Unacceptable if the ordering periods are significantly unbalanced.

Volume IV – Subcontracting Plan

Factor 3 - Subcontracting Plan:

The offeror shall submit a Subcontracting Plan with their quote. If the offeror already has a current Commercial Subcontracting Plan approved by a Government Contracting Officer, that plan (along with corresponding approval) is sufficient for submission. If the offeror does not believe any subcontracting opportunities exist, an explanation with supporting documentation shall be submitted.

(END OF ADDENDUM TO FAR 52.212-1)

8. The provision at 52.212-2, Evaluation—Commercial Products and Commercial Services, applies to this acquisition.

ADDENDUM TO FAR 52.212-2 EVALUATION PROCEDURES

Reference FAR 52.212-2, paragraph (a) is hereby tailored as follows:

(a) Best value determination will be based on a Lowest Price Technically Acceptable best value approach. Award will be made to a responsible offeror on the basis of the lowest price of quote meeting or exceeding the acceptability standards for non-cost factors. Award may be made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each offer should contain the offeror’s best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

(i) Technical Capability

(ii) Price

(iii) Subcontracting Plan

(b) Evaluation criteria consists of factors and subfactors. The Government will make an independent judgment of each factor and subfactor based on the ability to meet the requirements stated in the Statement of Work contained in the solicitation. The following factors shall be used to evaluate offers:

Factor 1. Technical Capability:

The Government will evaluate the quoter's capabilities to provide the Chemistry and Immunoassay Analyzers Reagents Supplies as stated in the RFQ and IAW the SOW. The supplies recommended by the quoter will be evaluated in how they satisfy all of the Statement of Work (SOW) and performance objectives (performance requirement summary).

Subfactor 1A: Statement of Work (SOW Ref Attachment 4)

Subfactor 1B: Performance Requirement Summary (SOW Paragraph 9).

Technical acceptability ratings reflect the Government’s confidence in each Offeror’s product, as demonstrated in its submission, to meet the requirements set forth in the solicitation. The Government will make an independent judgment of the acceptability. To receive consideration for award, an Acceptable rating must be achieved for Factor 1 – Technical Capability and subfactors.

If any subfactor is rated as Unacceptable, the entire Factor will be rated as Unacceptable. The following adjectival ratings will be used in evaluating the offeror’s Technical Capability:

Adjectival Rating Description Acceptable Quote clearly meets the minimum requirements of the statement of work and performance requirement summary objectives of the SOW.

Unacceptable Quote does not clearly meet the minimum requirements of the statement of work and performance requirement summary objectives of the SOW.

Note: Each subfactor shall be separately addressed in the offeror’s quote. An offeror must be found technically acceptable on each subfactor in order to be eligible for award. If one or more subfactors are found technically unacceptable, the entire factor will be determined unacceptable, and thus not eligible for award.

Factor 2. Price:

The Government will evaluate quotes for award purposes by overall total price. Quoters are required to accurately complete the Schedule of Supplies/Services (Reference Atch 3). Incomplete Schedule of Supplies/Services or quotes could indicate lack of understanding of the requirement and may result in the entire quote being determined unacceptable or eliminated from further consideration.

Price will not be scored or rated. The Government will evaluate quoters for award purposes by adding the total price for all options to the total price for the basic requirement. For evaluation purposes, the Total Evaluated Price (TEP) is the sum of all CLINs combined. Evaluation of options shall not obligate the Government to exercise the option(s). The TEP will be evaluated for fair and reasonableness.

Fair and reasonableness: A price is fair and reasonable if, in its nature and amount, does not exceed that which would be incurred by a prudent person in the conduct of competitive business. The Government will use any of the procedures of FAR 13.106-3(a) to make a fair and reasonable determination on TEP. Pricing will be reviewed to determine reasonableness based on market research.

Options. The Government will evaluate quoters for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). The last option year prices will be valid for any extensions.

A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a purchase order without further action by either party.

Before the quoter's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are communications after its receipt, unless a written notice of withdrawal is received before award.

Factor 3. Subcontracting Plan:

If submitting other than a Commercial Subcontracting Plan that has been approved by a Government Contracting Officer, the offeror's Subcontracting Plan shall be evaluated to determine if its goals are realistic, challenging, and achievable. Failure to provide such a plan, or provide sufficient evidence that no subcontracting opportunities exist, will render the entire offer ineligible for award.

The following adjectival ratings will be used in evaluating the offeror’s Subcontracting Plan:

Adjectival Rating Description Acceptable Already approved by a Government Contracting Officer; or determined to be realistic, challenging, and achievable by the requirement’s Contracting Officer; or provides sufficient evidence for the requirement’s Contracting Officer to concur that there are no subcontracting opportunities available.

Unacceptable Determined to be other than realistic, challenging, and achievable by this requirement's Contracting Officer; or Failure to provide sufficient evidence for this requirement's Contracting Officer to concur that there are no subcontracting opportunities available.

(END OF ADDENDUM TO FAR 52.212-2)

9. Quoter(s) is(are) required to include a completed copy of the provisions at 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, with their quote. A quoter shall complete only paragraph (b) of this provision if the contractor has completed the annual representations and certifications electronically via http://www.sam.gov. If a quoter has not completed the annual representations and certifications electronically at the SAM website, the contractor shall complete only paragraphs (c) through (o) of this provision.

10. The Government will award a single contract resulting from this RFQ to the responsible quoter whose supplies are technically acceptable, has an acceptable subcontracting plan and quotes the lowest overall price.

11. The clause at 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services, applies to this acquisition and also Addendum to FAR 52.212-4.

12. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Deviation), all FAR clauses cited in the clause are applicable to the acquisition.

13. Additional contract requirement(s) or terms and conditions: See attached.

14. Defense Priorities and Allocations System (DPAS) and assigned rating: N/A

15. Independent consultation with Government Officials concerning the project requirements is prohibited since evaluation of quotations will be based on requirements stated in the Request for Quotation. Industry Generated Questions regarding the design, coordination, or interpretation of RFQ requirements during the solicitation phase shall be in writing and directed to the Contract Specialist, J. Chris Finkenstadt at john.c.finkenstadt2.civ@health.mil, http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1623_228226 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1815_266657 with a courtesy copy to Albert Lee at albert.a.lee.civ@health.mil no later than 08 February 2024 at 1:00 P.M.

(CST). Questions submitted after the question due date will not be accepted.

16. Complete quotation is due NLT 11:00AM CST on 15 February 2024. Deliver to U.S. Army Health Contracting Activity/ Medical Readiness Contracting Office – West electronically, ATTN: J. Chris Finkenstadt at john.c.finkenstadt2.civ@health.mil and Albert Lee at albert.a.lee.civ@health.mil . It is each contractor’s responsibility to ensure their quote and all data is complete and IAW the RFQ. The government assumes no responsibility for late or incomplete responses to the RFQ. Late responses will be processed IAW FAR 52.212-1(f).

17. POC: J. Chris Finkenstadt at john.c.finkenstadt2.civ@health.mil and Albert Lee at albert.a.lee.civ@health.mil .

18. NOTICE TO QUOTERS: The Government reserves the right to cancel this RFQ either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse any offeror for any costs.

4 Attachments:

1. Applicable Clauses and Provisions

2. Additional Information

3. Schedule of Supplies

4. Statement of Work (SOW)

ATTACHMENT 1

APPLICABLE CLAUSES AND PROVISIONS

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.217-5 Evaluation of Options JUL 1990

52.222-22 Previous Contracts and Compliance Reports FEB 1999

52.222-25 Affirmative Action Compliance APR 1984 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

Representation

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020

52.232-1 Payments APR 1984

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Products and Commercial Services JUN 2023

52.246-16 Responsibility For Supplies APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022

252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services— Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offeror DEC 2022

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001

Buy American and Balance of Payments Program JAN 2023

252.225-7002 Qualifying Country Sources as Subcontractors MAR 2022

252.225-7012 Preference for Certain Domestic Commodities APR 2022 252.225-7020 Trade Agreements Certificate NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

As prescribed in 4.2105(c), insert the following provision:

COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--REPRESENTATION

AND DISCLOSURES (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(c) Procedures.

(1) The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)(https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition.

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ solicitation.

(d) Representation. By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS--PROHIBITION (DEC

2023)

(a) Definitions. As used in this clause-- Covered article, as defined in 41 U.S.C. 4713(k), means--

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following--

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase "FASCSA order" in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5)(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3)(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or womenowned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and…